12539. Adulteration   and   misbranding-   of  prepared   mustard.     U.   S.   v.   13
Barrels of Prepared Mustard. Decree of condemnation and for- 
feiture.    Product   released   to   claimant   upon   payment   of   costs.
(F. & D. No. 18815.    I. S. No. 16133-v.    S. No. E-4877.)
On July 8, 1924, the United States attorney for the Eastern District of Penn- 
sylvania, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 13 barrels of prepared mustard, consigned by A. Luede- 
mann (Inc)., New York, N. Y., remaining in the original unbroken packages at 
Philadelphia, Pa., alleging that the article had been shipped from New York, 
N. Y., on or about January 24, 1924, and transported from the State of New 
York into the State of Pennsylvania, and charging adulteration and misbrand- 
ing in violation of the food and drugs act. The article was labeled in part: 
(Barrel) " Prepared Mustard."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, mustard bran, had been mixed and packed therewith so as to reduce, 
lower, and injuriously affect its quality and strength and had been substituted 
wholly or in part for the said article.
Misbranding was alleged in substance for the reason that the statement 
appealing in the label, " Prepared Mustard," was false and misleading and for 
the further reason that it was offered for sale under the distinctive name 
of another article.
On August 19, 1924, the Greenet Packing Co., Philadelphia, Pa., having 
appeared as claimant, and the property having been theretofore properly 
relabeled, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings.
HOWARD M. GOBE. Secretary of Agriculture.
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